Dáil Éireann Debate, Tuesday - 23 March 2004
486 Mr. McHugh asked the Minister for Justice, Equality and Law Reform when an application by a person (details supplied) in County Galway for residency will be processed; and if he will make a statement on the matter. [8621/04]
View answerThe person in question arrived in the State in November 2002 and made an asylum application. His wife and two children arrived in the State in September 2002 and made an asylum application. The wife gave birth to a child in the State in October 2002. The asylum applications were withdrawn and applications were made for residency on the basis of parentage of an Irish child.
Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.
As the person in question does not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain will be considered, but only in the context of a ministerial proposal to deport him. In that context he has already been notified of such a proposal on 10 March 2004 and was given an opportunity to make representations in relation to it. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order he will be given leave to remain on a humanitarian basis.
Because of the large number of such cases on hand I am unable to say at this stage when the file will be further examined.
